Q: Can information never provided to me or signed by me be used against me in an unemployment appeal?
I had been terminated and at that time was told my termination reason was “confidential”. I had applied for unemployment and was denied due to “willful misconduct”. There was a file attached from my boss that was not added to Paycom until 10.23.24, when I was terminated on 10.11.24 and immediately lost access to Paycom. Since I was unaware of this document and was not given the chance to sign it, can this still be used against me in court?
I had also been discriminated against due to medical complications in which a position I had been promised was revoked due to the condition I had to drive 45 minutes away to get there, when I was hired remotely and legally cannot drive. Can I use this to help my case?
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A: Sorry to hear about the loss of your job. The medical issue could potentially qualify you to make a claim under the Americans with Disabilities Act ("ADA"). You will want to speak with a local attorney who practices in Employment law and discuss this further as well as the confidentiality matter. As to the unemployment issues, the employer likely had to show the reason why you were fired at the unemployment hearing, so they could show willful misconduct. If you had to go to court the employer would have to produce the reason again and you would need to address that in court or through briefing to a judge, for example. It would be best to get to a lawyer as soon as you can or contact the EEOC.gov to protect any interests you may have under the ADA, if any. Remember: there are very limited time frames to all employment claims so be mindful of that. Best wishes on finding justice in your situation.
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